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Patna High Court

Pradeep MukhiyaversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to a bail bond and sureties.

Summary

The petitioner, Pradeep Mukhiya, applied for regular bail in a case registered under Sections 80, 238 and 3(5) of the BNS, alleging that he and others killed the informant's daughter over a dowry demand. The defence argued that the deceased, the petitioner's wife, was a tuberculosis patient, severely underweight, and died of natural causes, citing medical prescriptions and videographic evidence of the seizure list. The prosecution opposed bail, maintaining the seriousness of the alleged dowry‑death offence. The court examined the medical evidence, the circumstances of the death, and the petitioner's custody since February 2025. Concluding that the circumstances did not preclude bail, the court ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to cooperation with the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail under Sections 80, 238 and 3(5) of the BNS in a dowry‑death case.
  • Whether the medical condition of the deceased woman negates the prosecution’s case and justifies bail.
  • Whether the allegations of ulterior motive in filing the case affect the bail decision.

Legislation cited

  • BNS — s. 238, 3(5), 80

Subjects

  • regular bail
  • dowry death
  • Section 80 IPC
  • Section 238 IPC
  • BNS
  • medical evidence
  • ulterior motive
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52781 of 2025
                  Arising Out of PS. Case No.-38 Year-2025 Thana- GOPALPUR District- West Champaran
                 ======================================================
                 Pradeep Mukhiya S/O Bir Bahadur Mukhiya Village- Sargatiya, Police
                 station- Gopalpur, District- West Champaran

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Bashishtha Narayan Mishra
                                                   Mr.Brij Kishor Mishra
                                                   Mr. Sachida Nand Rai
                                                   Mr. Avinash Raj

                 For the Opposite Party/s :        Mr.Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   08-01-2026                            Heard the learned counsel for the parties.

                                        2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 80, 238

                   and 3(5) of the BNS, registered in connection with Gopalpur

                   P.S.Case No. 38 of 2025.

                                         3. As per allegation, the petitioner along with

                   other accused persons killed the daughter of the informant for

                   non-fulfillment of demand of dowry.

                                        4. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.52781 of 2025(5) dt.08-01-2026
                                            2/3




          submitted that the deceased, wife of the petitioner, was a T.B.

          patient and she died due to that disease. The learned counsel

          has submitted further that the videography of place of

          occurrence has been done which shows from para-25 of the case

          diary. From the room of the deceased, a medical prescription

          and some tablets were recovered. According to medical

          prescription, she was a patient and her weight was 26 kg, 27 kg

          and 28 kg on different dates of medical examination. The

          videography of the seizure list was prepared by the investigating

          authority. The learned counsel has also submitted that the

          present case has been filed with some ulterior motives. It is next

          submitted that the mother of the petitioner informed about the

          occurrence to native members of the deceased. The petitioner is

          in custody since 13.02.2025.

                         5. The learned APP for the State has opposed the

          prayer for bail.

                        6. Para-25 of the case diary shows that the deceased

          was suffering from an ailment. She was underweight and her

          condition was not stable. The seizure list was prepared and the

          videography made thereof.

                       7. Considering the above facts and circumstances, let

          the petitioner, above-named, be released on bail on furnishing
           Patna High Court CR. MISC. No.52781 of 2025(5) dt.08-01-2026
                                                       3/3




                     bail bond of Rs. 10,000/-(ten thousand) with two sureties of the

                     like amount each to the satisfaction of learned Judicial

                     Magistrate 1st Class, Bettiah, West Champaran in connection

                     with Gopalpur P.S.Case No. 38 of 2025,               subject to the

                     condition that the petitioner shall cooperate in the disposal of

                     trial and make herself available as and when required by the

                     court.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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